Modifies The Law Nâ ° 17.997, Orga Unique Constitutional By The Constitutional Court

Original Language Title: MODIFICA LA LEY N° 17.997, ORGÁNICA CONSTITUCIONAL DEL TRIBUNAL CONSTITUCIONAL

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"(Artículo único.-Introdúcense las siguientes modificaciones en la ley Nº 17.997, Orgánica Constitucional deel Tribunal Constitucional: 1) the name of chapter I shall be replaced by the following:"Chapter I of the Organization, competence and functioning of the Constitutional Court"(2) add, then the heading of chapter I, title I of the following tenor:"Title I of the Organization of the Court constitutional"(3) replace" , in article 1, the number "VII" by "VIII".

(4) replace, in article 2, the second by the following paragraph: "the members of the Court, at the end of their period, may not be reelected, except one who having been chosen as substitute, you have served for one period of less than five years and has less than 75 years of age.".

(5) replace the subparagraph first item 3rd, by the following: "Article 3.-the Court may only exercise its jurisdiction at the request of the people and the legitimate constitutional organs in accordance with article 93 of the Constitution of the Republic or ex officio, in the cases referred to in the Constitution of the Republic and in this law.".

(6) replace the article 4th by the following: "article 4.-are public acts and resolutions of the Court, as well as its foundations and the procedures that use." However, the Court, founded resolution agreed by two-thirds of its members, may order reserved or secret certain documents or proceedings, including the documents added to a process, subject to the requirements of article 8, second paragraph, of the Constitution. "."

(7) replace article 5 °, by the following: "article 5.-the Ministers of the Court must choose from among them a President by an absolute majority of votes. If none of the candidates obtains the quorum to be elected, there will be a re-vote, confined to those who have obtained the first two majorities in the previous. The President will last two years in their functions and may not be reelected twice. "."

(8) replace article 6 ° by the following: "article 6.-the Ministers of the Court will have precedence corresponding to the antiquity of his appointment or your first appointment, as appropriate.
In case that antiquity is the same it will attend this order determined by the Court, voting specifically convened for the purpose. However, the Minister who has served as President at the previous will take first precedence in the following.
The President will be subrogated by the Minister that follow it in the order of precedence that is present and so on.
In the same way will be subrogated to the Chairman of each Board. "."

9) Introducense the following modifications in the article 8: a) incorporate the following letter b), passing the current letters b), c), d), e) and f) to be c's), d), e), f) and g), respectively: "b) distribute equitably between the two chambers of the Court, the causes to them corresponding to learn, taking into account the nature, complexity and number of issues that are currently subject to the knowledge of the rooms;".
((b) replace the letter b), which has become c), with the following: "c) form the tables that correspond to the plenary and to the boards in accordance with the provisions of article 29 and in matters that they know the full, nominate the Minister that corresponds to the wording of the judgement;".
((c) replaced into the letter f), happened to be g), the final dot (.) by a comma (,), then adding the sentence "except in the matters referred to in numbers 6 ° and 7 ° of article 93 of the Constitution, and".
((d) add a letter h), read as follows: "h) annually render a public account of the functioning of the Tribunal.".

(10) incorporate the following article 8 bis, new: "Article 8 bis-Minister which, pursuant to article 25 B of the Act, chairing the room that does not integrate the President of the Court, will have regarding the sessions she held powers that designates the article 8 °, as appropriate.".

(11) added in article 9 the following second paragraph: "Produced the subrogation of the Secretary by a rapporteur, according to provisions of article 87, the oldest officer first, previous oath or affirmation, may authorize the Court rulings and other proceedings of the Tribunal.".

(12) add the following article 12 bis, new: "article 12 bis-Ministers may not exercise the profession of lawyer, including the judiciary, nor may celebrate or warn state contracts." May not act, either by itself or by any natural or legal person, or by means of a partnership of which it forms part, as representative in any kind of judgment against the State Treasury, or as attorney or agent in efforts of an administrative nature, in the provision of public jobs, departments, functions, or committees of similar nature , or may be directors of bank or of any corporation, or exercise charges of similar importance in those activities.
The office of Minister is incompatible with those of Deputy and Senator, and all employment or paid Commission with funds from the Treasury, from the municipalities, autonomous fiscal entities, quasi-fiscal or State enterprises or in which the Treasury have intervention by capital contributions, and with any other function or Commission of the same nature. Except for teaching jobs and functions or committees of equal character in public or private higher education institutions, media and special, up to a maximum of twelve hours per week out of hours of audience. However, are not considered as teaching assignments that apply to superior handling of an academic institution, which shall govern the incompatibility referred to in this subsection.
Minister is also incompatible with the functions of managers or directors, even if ad honors, in autonomous fiscal entities, quasi-fiscal in State-owned enterprises, or in which the State will have participation by capital contribution. "."

((13) Introducense the following modifications in article 13: to) delete, in the heading of the first paragraph, the phrase "fifth paragraph of the".
(b) replace, at the commencement of the first paragraph, the number "81" for "92".
(c) be replaced Nº 5 of subsection first by the following: "5) incompatibility impending in compliance with the provisions of the second paragraph of article 92 of the Constitution.".
(d) replace, in the second paragraph, the expression "processed members" "accused members".

((14) Introducense the following modifications in article 14: to) replaced first subparagraph by the following: ' article 14.-If cesare as a Minister, the President of the Court shall immediately communicate this made to the President of the Republic, the Senate, the Chamber of deputies or the Supreme Court, as appropriate, for the purposes of replacement. ".
(b) repeal the second and third subparagraphs.

(15) replace, in the first paragraph of article 14 bis, the expression "lawyers members" by "Minister substitutes".

(16) replaced article 15, by the following: ' article 15.-every three years, in the month of January that appropriate, will proceed with the designation of two alternate Minister who meet the requirements to be appointed member of the Tribunal, who will replace Ministers and integrate the full or any of the rooms only if that is not achieved, the respective quorum for transaction of business. "
The alternate of the Minister referred to in the preceding paragraph shall be appointed by the President of the Republic, with the agreement of the Senate, by choosing from a list of seven people that will propose the Constitutional Court, prior public tender of history, which must be based on objective, public, transparent and non-discriminatory conditions. The Court will be the payroll in a same and unique public vote, in which each one of the Ministers shall have the right to vote for five people, resulting elected who obtain the first seven majorities. The Senate will adopt the Compact by two-thirds of its members, in session specially convened for the purpose, and must pronounce on the proposal as a unit. If the Senate does not approve the proposal of the President of the Republic, the Constitutional Court must present a new list, in accordance with the provisions of this subsection, within sixty days of the rejection, proposing two new names to replace rejected, repeating this procedure until the appointments be approved.
Minister deputies will be attended to integrate the full or the rooms according to the order of precedence established by public draw. The resolution of the President of the Court designating a Deputy of Minister to integrate the full or rooms should be founded and published on the website of the Court.
Minister deputies will have the same prohibitions, duties and disabilities to the Ministers and shall apply to them the same causal implication that affect these. However, not they cease their functions to 75 years of age, nor shall it apply them incompatible with educational functions referred to in article 12 bis.
Minister deputies must allocate at least half a day to integration tasks and others as may be given to the Court and will receive a monthly salary equivalent to 50% of a Minister. "."

(17) Reemplazanse paragraphs second, third and fourth article 16, by the following: "The Court, by an agreed order, establish their regular sessions and hours of audience.".

(18) replaced, at the end of the second paragraph of article 17, the final dot (.) with a comma (,), then by adding the words "by a founded resolution.".

((19) Introducense the following modifications in article 19: a) replacements, in the first paragraph, "12th" and "82" numbers "16 °" and "93", respectively.
(b) replacements, in the second paragraph, the numbers "8 th", "10th", "11th" and "82" by "10 ººº","13","14" and "93", respectively.
(c) replace the fourth subparagraph by the following: "the implications may be promoted by the concerned Minister, by any of the other Ministers, and the constitutional bodies that have been part.".
(d) add the following new sixth paragraph, passing the current sixth subparagraph to be seventh: "Will be, in addition, causal implication the current existence of industrial, commercial or corporate relations of a Minister with the Attorney or solicitor acting on one of the processes which are proceeding before the Court.".

(20) replace, in article 21, the term "processed" by "accused".

(21) replace, in the second paragraph of article 22, the reference to the article "14" on the other article "15".

(22) incorporated, then in article 25, the following article 25 A new: "article 25-the Court in session specially convened for the purpose, may make car agreed on issues which are not within the legal domain and having as objective the governance and functioning of the Tribunal.".

((23) joining, then of article 25 new, a title II to read as follows: "Title II of the competition and operation of the Court constitutional" 24) added an article 25 B, new, read as follows: "article 25 B.-the Court will operate in full or divided into two rooms." In the first case, the quorum for the transaction of business shall be of at least eight members, and the second of at least four. Each room, if necessary, can be integrated with Ministers from the other room.
In the month of December of each year, at a public meeting specially convened for that purpose, a Committee formed by the President of the Tribunal and the two older Ministers thereof, shall appoint the Ministers who will integrate the two rooms of the Court from next March. The room in order to integrate the President of the Tribunal will be chaired by this, and the other by the oldest Minister present that part of it.
Regular sessions will be suspended in the month of February of each year.
Extraordinary sessions shall be held when the President of the Court or of the respective room, of its own initiative or at the request of three or more of the members of the Court, trying to be extraordinary session of the plenum, or at the request of two or more of the members of the respective room, trying to be extraordinary session room will call them.
Each room will represent the Tribunal in matters that meet. "."

(25) incorporate the following article 25 C, new: "article 25 C-corresponds to the plenum of the Court: 1° control of constitutionality of laws which interpret any provision of the Constitution, the constitutional organic laws and the rules of a treaty related to matters inherent to the latter, before its promulgation."
2° resolve issues on constitutionality from the agreed documents dictated by the Supreme Court, the courts of appeals and the election qualifier Tribunal.
3° resolve questions of constitutionality which arise during the processing of projects of law or constitutional reform and treaties subject to the approval of the Congress.
4° resolve issues that may arise on the constitutionality of a decree with force of law.
5° resolve issues that may arise on constitutionality with regard to the call for a referendum, without prejudice to the powers corresponding to the election qualifier Tribunal.
6° resolved the inapplicability of a legal precept whose application in any management which follow ordinary or special courts, is contrary to the Constitution.
7° to decide on the admissibility of the question of the unconstitutionality of a legal precept declared inapplicable.
8° decision on the unconstitutionality of a legal precept declared inapplicable in accordance with the provisions of paragraph 6° of this article.
9° resolve claims in the event that the President of the Republic not to enact a law when it should do so or enact a text different from which constitutionally appropriate.
10° resolve on the constitutionality of a decree or judgment of the President of the Republic, the General Comptroller of the Republic is represented by deems unconstitutional, when required by the President in accordance with article 99 of the Constitution.
11th resolve on the constitutionality of the Supreme Decree, invoked Vice, including those dictates in the exercise of the autonomous regulatory authority to the President of the Republic, regardless of when they refer to matters that are reserved to the law mandated by article 63 of the Constitution politics.
12° declare the unconstitutionality of organizations and movements or political parties, as also the liability of persons who had had involvement in the events that led to the Declaration of unconstitutionality, in accordance with the provisions of paragraphs sixth, seventh and eighth in the number 15 °, of article 19, of the Constitution. However, if the person concerned is the President or the President-elect, the aforementioned Declaration will require, in addition, the agreement of the Senate adopted by a majority of its members.
13° inform the Senate in the cases referred to in article 53, number 7 °, of the political Constitution.
14° decision on constitutional or legal disabilities affecting a person to be appointed Minister of State, remain in such charge or perform other functions simultaneously.
15° determine the admissibility and decide on disabilities, incompatibilities and grounds for cessation as parliamentarians.
16 ° qualify inability invoked by a parliamentarian in the terms of the final paragraph of article 60 of the Constitution politics and to decide on his resignation.
17 ° exercise the other powers which confer you the Constitution and this Act. "."

(26) add the following article 25 D, new: "article 25 D-will be up to the court rooms: 1° decide on the admisibilidades not falling within competence of the plenary session."
2° settle the strife of competition arising between the political or administrative authorities and the courts of Justice, which do not correspond to the Senate.
3° resolve the suspension of the procedure in which the action of inapplicability originated by unconstitutionality.
4º exercise other powers which confer you the Constitution and this Act. "."

(27) the second paragraph of article 27 to be repealed.

((28) Introducense the following modifications in article 29: to) in subsection first, replace the phrase following the comma (,) and that starts with the word "except", by the following: 'without prejudice to the preference that, on substantiated grounds and founded resolution, has been granted to any of them.".
(b) replace, in the second paragraph, the number "82" by "93".

(29) add the following article 30 bis, new: "article 30 bis.-without prejudice to the special rules contained in the law authorizing the Court, full or represented by one of its halls, to enact measures precautionary, as the suspension of the procedure, the Court may, by resolution established, at the request of party or ex officio, decreeing them since is taken in processing the respective requirement , even before its Declaration of admissibility, in cases where such declaration is appropriate. In the same way, you can make them void and granting them again, ex officio or at the request of a party, as often as is necessary, according to the merit of the process. "."

(30) add the following article 31 bis, new: "article 31 bis.-the Court rulings will be published entirely in your web page, or other electronic means analog, without prejudice to the publications ordering the Constitution and this law in the official journal. The shipping of both publications must be simultaneous.
Sentences relapses recovery on the constitutionality issues promoted by virtue of the numbers 2 °, 4°, 7° and 16° of article 93 of the Constitution shall be published in the official journal in full. The remaining ones to be published will be in summary, containing at least the decisive part of the judgment.
Also will be published on the website of the Court, at least, the resolutions that put an end to the process or make it impossible to his prosecution, list of causes entered and date of entry, rooms and plenum, tables the designation of Rapporteur, in the room that should be resolved on the admissibility of the request and Minister editor and the records of meetings and agreements of the plenum.
The publication of decisions in the official journal should be practised within the three days following its enactment. "."

(31) add the following article 32 A new: "article 32 A: in cases in which the question submitted to the Court to be promoted through public action, or for the part in the trial or judicial management that prompted the inapplicability of a legal precept or the unconstitutionality of an agreed auto, natural or legal persons who promote it should noted in its first submission to the Court an address known within the province of Santiago. The presentation will be sponsored and signed by an attorney that is enabled to exercise the profession.
Decisions handed down in the processes referred to in the preceding paragraph shall be notified by registered letter to the party or who represent it.
The final judgments shall be personally notified, or if this is not possible, by order, in the home that has pointed out the part on the record. In both cases the notification shall be by a Minister of faith, appointed by the Court.
The communications referred to in this Act, to be made to the constitutional bodies or which are part in the process, they shall be carried out through trade.
Such action or proceedings shall be recorded in the respective file.
The date of the notifications made by registered letter and through the communications referred to in this law will be, for all legal purposes, the third day following their issue.
In the case of the Chamber of Deputies and Senate trades shall be addressed to the respective Presidents, who will be required to give an account to the room in the first session that takes place. They shall be officially received and will produce its effects once you have noticed them. In the case of the President of the Republic, trades will be through the Ministry General Secretariat of the Presidency and are understood to be officially received and will produce its effects once admitted to the correspondence Office of the Ministry.
However, the Court may authorize other forms of notification that requested you at the first hearing, by any of the bodies or persons involved before him. The particular form of notification that is authorized only shall apply to the petitioner, and, in any case, must be point performance in the respective record on the same day in. "."

(32) insert is following article 32 B, new: "article 32 B-the Court will hear allegations in view cause in cases that referred to in numbers 2 °, 6°, 8 °, 9 °, 10°, 11 °, 14° and 15° of the article 25 C."

In other cases, the Court may order allegations are heard.
The duration, form and conditions of the allegations will be established by the Court, by an agreed order.
In cases in which allegations are heard the relation will be public. "."

(33) incorporate the following article 32 C, new: ' article 32 C-are organs and persons entitled those who, in accordance with article 93 of the Constitution of the Republic, are enabled to promote each of the issues and matters of its competence the Court. "
They are constitutional bodies concerned those who, according to this law, may be involved in every one of the issues that promote before the Court, either in defence of the exercise of its powers, or in defense of the legal order in force.
Part in the followed processes before the Tribunal are the organs and the person or persons who, being constitutionally entitled, have promoted a matter before him, and parts of a management or pending trial in which a question of non-applicability of a legal precept or unconstitutionality of an agreed car has been promoted. May also be constitutional bodies concerned which, having right to intervene in a matter, express their will be taken as part within the same period that would them to comment and present background. "."

(34) replaced article 33 with the following: "article 33.-shall apply, as appropriate, the provisions in titles II, V and VII of the first book of the code of Civil procedure, in which are not contrary to this law."
However, deadlines of days established in this law are calendar days and shall not be suspended during the holidays. In any case the expiration of a time limit for an action or decision of the Court, will prevent enact it or dictate it later.
In cases in which this law sets time limits on the Tribunal for admitting to handling a matter and rule on the admissibility of the same sentence, the same will be counted since becomes aware of this in the room or the plenary, as appropriate, or since the cause is in State sentence is, in his case. "."

(35) Incorporanse, then of article 33, the following new items: "article 33 a.-While it is unreported its admissibility issues promoted before the Court by bodies or persons entitled may be removed by who has promoted them and will be taken as not filed."
Removal of signatures from parliamentarians who have promoted a matter before the Court will produce the effect referred to in the preceding paragraph, provided that it takes place until realizing it to the plenary or to the room, as appropriate, and that the number of removed firms, the requirement ceases to comply with the quorum required by the Constitution politics.
Declared its admissibility, such bodies and persons can express to the Court their willingness to withdraw. In this case, it will be transfer of discontinuance to the parties and shall be communicated to the constitutional bodies concerned, giving them five days so they formulate observations that they deem relevant.
The withdrawal will be resolved and will produce the effects provided for in the relevant standards of the 15th title of the first book of the code of Civil procedure, where applicable.
Article 33 B-the abandonment of the procedure will only proceed on issues of non-applicability referred to in paragraph 6 of article 93 of the Constitution politics of the Republic which have been promoted by one of the parties in the trial or pending management that the contested provision shall apply.
The procedure shall be abandoned when all parts of the process have stopped in his pursuit for three months, from the date of the last resolution issued in any useful management to give progressive course.
Neglect not may be enforced by the party who has promoted the issue of unconstitutionality. If renewed procedure, other parties carry out any management which not is to claim its abandonment, shall be deemed to waive this right.
Once allegedly the abandonment, the Court will transfer to the other parties and shall inform the constitutional bodies concerned, giving them five days to formulate observations that they deem relevant.
The abandonment of the procedure by the Court will produce the expected effects on the 16th title of the first book of the code of Civil procedure. "."

((36) amending article 34 as indicated: to) replaced first paragraph with the following: "In the case of the number 1 ° of article 93 of the Constitution, shall be responsible to the President of the Chamber of origin sending draft laws which interpret any provision of the Constitution, the constitutional organic laws and treaties that contain rules on these matters to the Court.".
(b) replacements, in the second paragraph, the words "third paragraph" with "second paragraph" and the number "82" by "93".
(c) add, in your second paragraph, after the expression "the project", the sentence "or the Treaty" and, in its third paragraph, after the word "project", the expression "or of the Treaty".

((37) Introducense the following modifications in article 35: to) add in your second paragraph, after the expression "of the project", the sentence "or of the respective rules of the Treaty, within the period of thirty days, extendable up to other fifteen, in certain cases and founded resolution".
(b) incorporate a new, final subsection, read as follows: "If the Court resolved that one or more provisions of a treaty are unconstitutional, must declare it as well founded resolution whose full text is sent to the originating House. Total unconstitutional will prevent the President of the Republic to ratify and enact the Treaty. The partial unconstitutionality shall entitle the President of the Republic to decide whether the Treaty is ratified and promulgated without the impugned rules, if this coming under the rules of the Treaty itself and to the General rules of international law. "."

(38) be added, as the second paragraph of article 36, the following:
"In the case of an international treaty which has been declared its partial unconstitutionality, communicate the agreement approved by the National Congress, with the corresponding quorum, and regulations whose constitutionality has been arranged, so that the President can decide if it will make use of the option referred to in the final paragraph of the preceding article.".

(39) added, in article 37, after the expression "on the constitutionality", the sentence "of the provisions of a treaty or", and add the following second paragraph: "Resolved by the Court that a legal rule is constitutional, not be declared inapplicable by the same process and of the respective judgment matters Vice.".

(40) Incorporanse, preceded by a paragraph 2, new, next to article 37, the following new items, altering the numbering of the following paragraphs, with the heading: "Questions of constitutionality over agreed cars".
"Article 37 a.-in the case of the number 2 ° of article 93 of the Constitution politics, are the President of the Republic, any legitimate organs of cameras or ten of their members;" and entitled persons who are party to a management or pending trial before a Court of ordinary or special, or from the first performance in criminal proceedings, which are affected in the exercise of their fundamental rights as provided by an agreed car.
The requirement shall be made in the form referred to in subparagraph first of article 39 and it will accompany the respective agreed car, with concrete indication of the contested part and the challenge. If a legitimated person filed it shall, in addition, mentioning with precision the manner in which provisions of the agreed car affects the exercise of their fundamental rights.
Interposition of requirement will not suspend enforcement of the contested agreed car.
Article 37 B-presented the requirement, the room that corresponds will examine whether it meets the requirements set out in the previous article, in case of failure to comply, will be not accepted to processing and shall be deemed not presented, for all legal purposes. Resolution which does not accept processing requirement will be established and it shall be given within the period of three days, counted from the filing of the same.
However, for defects in form or omission of background that should accompany it, the Court, in the same resolution, referred to in the preceding paragraph, shall grant stakeholders within three days so they make good those or complete these. If so they do not, the requirement shall be not presented, for all legal purposes.
Article 37 C-inside of within five days, counted since the requirement is taken in processing, the Court shall take a decision on the admissibility or inadmissibility of the same. If the applicant requests to argue about the admissibility, and pursuant to article 32 B the Court welcomes the request, give transfer of this issue, for three days, to the Court that has rendered the contested agreed car and legitimate organs and persons.
Shall declare the inadmissibility of the question of unconstitutionality, in the following cases: 1 ° when the request is not made by a person or body entitled;
2 ° when promote respect an agreed car or one of its provisions, which have been declared constitutional in a previous judgment in accordance with this paragraph and are invoked the same Vice terms of such statement;
3 ° where there is no management, trial or pending criminal proceedings, in the cases where is promoted by a party or person constitutionally entitled, and 4° when not indicated the manner in which the agreed car affects the exercise of the constitutional rights of the applicant, in cases in which is promoted on the one hand or person constitutionally entitled.
Declared inadmissible by founded resolution, this shall be notified to who referred, and the request shall be deemed not presented, for all legal purposes.
Article 37 D-declared the admissibility of the request, be communicated to the Supreme Court, the Court of appeals or the election qualifier Tribunal that has rendered the contested agreed car and, where appropriate, it shall inform the Court of management or pending trial and notify Parties of this, sending them a copy of the request, so that, within ten days of do reach the Court observations and background that they deem relevant.
Declared admissible, the resolution shall be notified to who has requested.
The resolution declaring the admissibility or inadmissibility of the request will not be susceptible of appeal.
Article 37 e. -once evacuated earlier proceedings, or the time periods for it, the Court shall proceed in accordance with the provisions of article 43. The deadline for sentencing will be thirty days, counted from the end of the processing of the cause, term which may be extended up to another 15 days, by founded ruling of the Court.
Article 37 F-exceptionally and for good reason, the Court may declare unconstitutional based solely on constitutional fundamentals questioned rules other than those that have been invoked by the parties in the dispute. In this case, you should warn them about the use of the possible not invoked constitutional precept and thus enable them to refer to it. This warning may be at any stage of the trial, including the audience's view of the case, where appropriate, and also as a measure for best to resolve.
Article 37 G-sentence to declare the unconstitutionality of all or part of an agreed car, to be published in the official journal within the three days following its enactment. Since publication, the car agreed, or the part of it that has been declared unconstitutional, means repealed, which will not produce retroactive effect.
Article 37 H-having been pronounced the Court on the constitutionality of an agreed car will not accept to processing any requirement to resolve issues of constitutionality of the same, unless they are invoked a different fact to enforce previously Vice.
Article 37 I-in the case of the requirement deduced on the one hand in a trial or pending management to court ordinary or special, the Court shall impose the coasts to the natural or legal person who has requested his intervention, if the request is rejected in the final sentence. However, the Court may exempt it from them when the applicant has had no plausible reason to deduce its action, on which will make express declaration in its resolution.
For the purposes of the coasts, provisions of this law and article 47 applies. "."

(41) replace, in paragraph 2 of title II, the figure "2" by "3", and replace his name with the following: "Issues of constitutionality on projects of law, constitutional reform and treaties in the legislative pipeline".

(42) replaced subparagraph first of article 38, with the following: "article 38.-in the case of the number 3 ° of article 93 of the Constitution of the Republic, are organs legitimized the President of the Republic, any of the cameras, or a quarter of its members exercise.".

(43) add the following article 38 bis, new: "article 38 bis.-for the purposes of the opportunity that the requirement, must be the enactment means carried out by the President of the Republic when he joins the office of parts of the Comptroller General of the Republic the respective Decree promulgation."
In no case may admit to processing requirements formulated subsequent to that moment. Not against Treaty requirements may be admitted if they occur after the fifth day following the referral of the communication informing the approval of the Treaty by the National Congress. "."

(44) replace, in article 40, the number "82" by "93".

(45) Reemplazanse first and second subparagraphs of article 41, by the following: "article 41.-If the request does not comply with the requirements laid down in article 39, it will be not hosted processing and shall be deemed not presented, for all legal purposes. Resolution which does not accept it handling should be founded, will dictate in within two days, counted since you know it, and will be notified to who made it.
However, for defects in form or omission of background that should accompany it, the Court, in the same resolution, referred to in the preceding paragraph, shall grant stakeholders within three days so they make good those or complete these. If so they do not, the requirement shall be not presented for all legal purposes. "."

(46) add the following article 41 bis, new: "article 41 bis.-inside of within five days, counted since the requirement is taken in processing, the Court shall take a decision on the admissibility of the same. If the applicant requests to argue about the admissibility, and pursuant to article 32 B the Court thus has it, give transfer of this issue, for two days, the legitimate organs.
Shall be inadmissible in the following cases: 1 ° when the request is not made by a legitimate authority.
2 ° when the issue promotes the opportunities listed in article 38 bis after.
Declared inadmissible by resolution shall be founded, this shall be notified to who referred, and the request shall be deemed not presented, for all legal purposes.
The resolution declaring the admissibility or inadmissibility of the request will not be susceptible of appeal. "."

((47) amended article 42 in the following way: to) merge the following new first subparagraph, passing the current second: "article 42.-the requirement shall be received since it is declared admissible and since that date will begin to rule within ten days to solve it, without prejudice to the extension set in the fifth paragraph of article 93 of the Constitution of the Republic.".
(b) replaced into current single paragraph, which happens to be second, the expression "Admitted to processing a requirement" for "Declared admissible".
(c) add, at the end of the subsection which happens to be second, at point followed, the following sentence: "For this sole purpose, communication means received at the time of their entry in the offices of parties in the Chamber of Deputies, the Senate and the Ministry Secretary General of the Presidency.".

(48) replaced article 44, by the following: ' article 44-exceptionally and for good reason, the Court may declare unconstitutional based solely on constitutional fundamentals questioned rules other than those that have been invoked by the parties to the dispute. " In this case, you should warn them about the use of the possible not invoked constitutional precept and thus enable them to refer to it. That warning may be made at any stage of the trial, including the audience's view of the case, where appropriate, and also as a measure to better resolve. "."

(49) the second paragraph of article 45 to be repealed.

(50) merge, then 45, following article 45 bis, new article: "Article 45 bis.-adjudicated by the Court that a contested legal precept in accordance with this paragraph is constitutional, can be undeclared later inapplicable by the same process and of the respective judgment matters Vice.".

(51) added, before the article 46, the following new heading: "Paragraph 4 issues of constitutional decrees having the force of law".

(52) be replaced with article 46, the following: "article 46.-in the case of the number 4 ° of article 93 of the Constitution of the Republic, are organs legitimized the President of the Republic, any of the cameras, or a quarter of its members exercise."
The conduct of questions of constitutionality about decrees having the force of law shall be governed by the rules of the following articles and, where appropriate, by the provisions of paragraph 3. '. "

(53) Incorporanse, then from article 46, the following new items: "article 46 a.-to be accepted to processing, requirement shall comply with the requirements laid down in article 39 and it shall accompany the decree with force of law contested or its respective publication in the official journal." The trade evidencing the representation of the General Comptroller of the Republic be promoted by the President of the Republic, must be attached.
When the request comes from the President of the Republic, the period referred to in the seventh paragraph of article 93 of the Constitution shall since is received the Ministry of origin the office of representation of the General Comptroller of the Republic.
If the request does not comply with the requirements laid down in article 39, it will be not played host to processing and shall be deemed not presented, for all legal purposes. The resolution will dictate in within three days, counted since you know it, and will be notified to who has made it. In case that does not welcome it to processing must be founded.
However, for defects in form or omission of background that should accompany it, the Court, in the same resolution, referred to in the preceding paragraph, shall grant stakeholders within three days so they make good those or complete these. If so they do not, the requirement shall be not presented, for all legal purposes.
Article 46 B.-within the period of five days, counted since the requirement is taken in processing, the Court shall take a decision on the admissibility of the same, in accordance with the rules of paragraph 3. If the applicant requests to argue about the admissibility, and pursuant to article 32 B the Court thus has it, give transfer of this issue, for five days, the legitimate organs.
Shall be inadmissible in the following cases: 1 ° when the request is not made by a legitimate authority.
2 ° when the issue is promoted unseasonably.
3 ° when the question by one of the cameras or a quarter of its members exercise melts into allegations of legality.
Article 46 C-admissible declared the issue, will be communicated to constitutional bodies concerned so that, within a period of ten days, the comments and submit the background that they deem relevant.
The deadline for sentencing will be thirty days, counted from the Declaration of admissibility, term which may be extended up to another 15 days, by founded ruling of the Court.
Article 46 D-the sentence which welcome the question promoted by the President of the Republic shall be communicated to the Comptroller General to make appropriate, immediately to right of the respective law-decree.
The sentence which accept a question with respect to all or part of a decree with force of law of which the Comptroller General has taken reason, article 31 will be published in the manner and time which signals bis. From the date of publication, the relevant standard shall be repealed, without retroactive effect. "."

(54) Insert, before article 47, the following new heading: 'Paragraph 5 issues of constitutionality calls referendum'.

(55) Insert, before article 47, which has become article 47 bis, the following article, new: "article 47.-in the case of the number 5 ° of article 93 of the Constitution of the Republic, are organs legitimized the Chamber of Deputies and the Senate."
The question should be encouraged within the period of ten days, counted from the publication of the decree that set the day of the consultation of the people.
The conduct of questions of constitutionality about calls to plebiscite shall be governed by the rules of the following article and, where appropriate, by the paragraph 4. "."

((56) Introducense the following modifications in article 47, that happened to be 47 bis: to) replaced first paragraph with the following: "article 47 bis.-to be hosted to processing, the requirement shall comply with the requirements laid down in article 39 the first paragraph and in the second of this article paragraph, and must be accompanied to the publication in the official journal of the decree which fixed the day of consultation people.".
(b) replacements fifth, and third subparagraphs by the following: "shall declare the inadmissibility of the question if it is not made by a legitimate authority, if it is freshly promoted or concerning matters within the competence of the election qualifier Tribunal.
The sentence shall be published in the manner and deadline set out in article 31 bis. "."

(57) Incorporanse, then of article 47, which happened to be 47 bis, the following heading and new articles that follow: "paragraph 6 issues of non-applicability article 47 a.-in the case of the number 6 ° of article 93 of the Constitution, is legitimate body the judge referred to a pending management in which the contested legal precept to apply" , and they are legitimate parties in such management.
If the issue is promoted on the one hand to exercise the action of non-applicability, it must accompany a certificate issued by the Court that hears the judicial management, evidencing the existence of this State in which is located, the quality on the part of the applicant and the name and address of the parties and their attorneys.
If the issue is promoted by the Court that hears the pending management, the requirement should be formulated by trade and accompanied by a copy of the main parts of the respective record, indicating the name and address of the parties and their attorneys.
The tribunal must point in the record have appealed to the Constitutional Court and shall notify it to the parts of the process.
Article 47 B-non-applicability requirement, is promoted by the judge who knows the pending management or by one of the parties, should contain a clear statement of facts and fundamentals behind and how they produce as a result the constitutional violation. Shall indicate, in addition, the vices of unconstitutionality is given, with precise indication of constitutional norms which are estimated transgredidas.
Article 47 C-requirement may be brought with respect to any judicial procedure in processing, and any procedural opportunities that will warn that the application of a legal rule that could be decisive in the resolution of the issue is contrary to the Constitution.
Article 47 D-to be accepted to processing, the request must comply with the requirements laid down in articles 47 A and 47 B. Otherwise, founded resolution that will dictate in within three days, counted since becomes aware of it, not it will be welcomed to processing and shall be deemed not presented, for all legal purposes.
However, for defects in form or omission of background that should accompany it, the Court, in the same resolution, referred to in the preceding paragraph, shall grant stakeholders within three days so they make good those or complete these. If so they do not, the requirement shall be not presented, for all legal purposes.
Welcomed to processing, the Constitutional Court shall inform the management or pending trial, court for the record in the file. If the applicant requests to argue about the admissibility, and pursuant to article 32 B the Court welcomed the request, give transfer this issue to parties, for five days.
As regards requirements formulated directly by the parties, on the same occasion referred to in the preceding paragraph the Court will require the judge who is knowing the judicial management that promotes the issue, sending copy of the main parts of the respective record.
Article 47 E-within the term of five days, counted since avails the request processing, or since the end in view of the incident, in his case, the room that corresponds to examine the admissibility of the question of non-applicability.
Article 47 F.-shall be inadmissible in the following cases: 1 ° when the request is not made by a person or body entitled;
2° when the issue is promoted with regard to a legal precept that has been declared by the Court in accordance with the Constitution, it is preventive control or knowing of a requirement, and is invoked the same Vice that was material of the respective judgement;
3 ° when there is no pending judicial management in processing, or term has put to it by enforceable judgement;
4 ° when it promotes with regard to a rule that does not have legal range;
5 ° appears when a history of outstanding management in the question, is promoted to the contested legal precept should not have application or it will be decisive in the resolution of the matter, and 6 ° when plausible rationale lacks.
Declared inadmissible by resolution shall be founded, this shall be notified to who has appealed, the judge who knows the judicial management pending and the other parties involved therein, and the request shall be deemed not presented, for all legal purposes.
The resolution declaring the admissibility or inadmissibility of the request will not be susceptible of appeal.
Article 47 G.-suspension of the proceedings in which the issue of dependency has been promoted must be ordered in the requirement or later before the same Chamber that resolved their admissibility. Once decreed, it will remain until the Court handed down the sentence and informs the judge ordinary or special that you know of the pending management. But the respective room, founded resolution, you can leave it no effect at any stage of the process.
The rejection of the application referred to in the preceding subparagraph shall be without prejudice to that in the course of the processing of the request the request can be repeated, and each request be resolved by the same room she met the admissibility, which shall also have jurisdiction to order ex officio the suspension of the procedure, whenever there are clear grounds.
Article 47 h.-declared admissible the request, the Court shall or shall notify the Court of the pending management or parties, as appropriate, giving them a period of twenty days to formulate its observations and present history.
On the same occasion, the Court will put the requirement in knowledge of the Chamber of Deputies, the Senate and the President of the Republic, in article 32 A designated form, by sending them a copy of him. Mentioned organs, if they deem it relevant, can comment and submit background, within the time limit of twenty days.
Article 47 I-once evacuated earlier proceedings, or the legal time periods for it, the Court shall proceed in accordance with article 43, and President issue be included in the full table, for its decision.
After processing, the Court will issue a ruling within a period of thirty days, term which may be extended to other fifteen, in certain cases and founded resolution.
Article 47 J.-exceptionally and for good reason, the Court may declare unconstitutional based solely on constitutional fundamentals questioned rules other than those that have been invoked by the parties in the dispute. In this case, you should warn them about the use of the possible not invoked constitutional precept and thus enable them to refer to it. This warning may be at any stage of the trial, including the audience's view of the case, where appropriate, and also as a measure for best to resolve.
Article 47 K-the judgment that declares the inapplicability of the contested legal rule must specify how their application management pending it is contrary to the Constitution.
Article 47 l.-resolved the question of inapplicability by the Constitutional Court, will not be attempted again, by the same Vice, in successive instances or degrees of management that has been promoted.
Article 47 M-ruling to rule on the question of non-applicability shall notify the parties that they formulated the requirement and communicate to the judge or the courtroom who knows the subject, has or not required, and the bodies referred to in article 47 H. shall, Furthermore, publish in the manner and deadline set out in article 31 bis.
Article 47 N-the judgment that declares the inapplicability only will produce effects in the trial is requested.
In the event that the inapplicability has been deducted on the one hand the judgement or management, if the request is rejected in the final sentence, the Court shall impose the coasts to the natural or legal person who has required its intervention. However, may exempt it from them when the applicant had plausible reasons to deduce its action, on which will make express declaration in its resolution.
On the coasts, shall apply the provisions of this law and article 47. "."

(58) merge, then the new paragraph 6, the following paragraph 7 its heading and new articles that follow: "paragraph 7 issues of unconstitutionality of a legal precept declared inapplicable article 47 N.-in the case of the 7th number of article 93 of the Constitution of the Republic, the question of unconstitutionality may be promoted by the constitutional act ex officio Court and entitled persons referred to in the 12th paragraph of the same" article.
This issue may not be promoted with respect to a treaty or one or more of its provisions.
Article 47 or-in cases in which the court proceed ex officio, so will declare it in a preliminary resolution founded, which bears the decision of inapplicability which serves as sustenance and transgredidas constitutional provisions.
Article 47 P.-If the question of unconstitutionality is promoted through public action, the natural or legal persons engaged in it must reasonably found request, indicating precisely the judgment of previous dependency on which it is based and the constitutional arguments that serve as support.
The requirement is missing that any of the requirements listed in the previous paragraph will be not played host to processing and shall be deemed not presented, for all legal purposes. This resolution, which will be founded, shall be given within the period of three days, since it becomes aware of the requirement in the House.
However, for defects in form or omission of background that should accompany it, the Court, in the same resolution, referred to in the preceding paragraph, shall grant stakeholders within three days so they make good those or complete these. If so they do not, the requirement shall be not presented, for all legal purposes.
Article 47 Q.-within the period of ten days, counted since avails the request processing, or since the end in view of the incident, in his case, the Court shall take a decision on its admissibility. If the applicant requests to argue about the admissibility, and pursuant to article 32 B the Court thus has it, will transfer to those who appear as parties in the issue of unconstitutionality, for ten days.
Article 47 r.-Procedera declare the inadmissibility of the question of unconstitutionality promoted through public action, in the following cases: 1 ° where there is no prior ruling that declared the inapplicability of the contested legal precept, and 2 ° when the question is based on a constitutional Vice different of which led to the Declaration of inapplicability of the contested provision.
Declared inadmissible by resolution shall be founded, it will be notified to who referred, shall be communicated to the Chamber of Deputies, the Senate and the President of the Republic, and the requirement shall be not presented, for all legal purposes.
The resolution declaring the admissibility or inadmissibility of the question will not be susceptible of appeal.
Article 47 s.-declared admissible, the Court shall inform the respective resolution and request bodies individualized in the previous article, which may make the observations and accompany the background that they deem relevant, within a period of twenty days.
Article 47 T-once evacuated earlier proceedings, or the legal time periods for this purpose, the Court shall proceed in accordance with article 43 and President shall include the topic in the table of the House, for its decision.
Article 47 U.-the deadline for sentencing will be thirty days, from the end of the processing of the cause, term which may be extended up to another 15 days, by founded ruling of the Court.
Article 47 V.-the Declaration of unconstitutionality of the disputed legal norms shall be based only in the breach of it or the constitutional precepts that were considered to be transgressed by the previous decision of inapplicability which serves as a support.
Article 47 W-ruling to rule on the unconstitutionality of all or part of a legal precept, shall be published in the manner and deadline set out in article 31 bis. The rule declared unconstitutional means repealed from the date of publication in the official journal, without retroactive effect.
Article 47 X-when the question of unconstitutionality has been promoted through public action, the Court shall impose the coasts to the natural or legal person who has required its intervention, if the request is rejected in the final sentence. However, the Court may exempt it from them when the applicant had plausible reasons to deduce its action, on which will make express declaration in its resolution.
Article 47.- and the execution of the sentence, in relation to costs, shall be carried out in accordance with the procedures laid down in the code of Civil procedure and will know her lyrics judge civil that corresponds, with seat in the province of Santiago. "."

(59) merge, before article 48, the following new heading: "Paragraph 8 questions on the promulgation of a law".

(60) replaced article 48, with the following new articles: "article 48.-in the case of the number 8 ° of article 93 of the Constitution of the Republic, are organs legitimized the Senate, the Chamber of Deputies, or a quarter of the members in the exercise of any of the cameras."
The question should be encouraged within the thirty days following the publication of the contested text or within sixty days of the date on which is due the promulgation of the Act whose omission is claimed.
To be accepted to processing the requirement shall comply with the requirements referred to in subparagraph first of article 39 and it must accompanied copy of the office of the Chamber of origin which informs the President of the Republic the text approved by the National Congress and, where appropriate, a copy of the publication in the official journal. Otherwise, founded resolution that shall be given within the period of three days, counted since becomes aware of the request, shall it be not presented, for all legal purposes.
However, for defects in form or omission of background that should accompany it, the Court, in the same resolution, referred to in the preceding paragraph, shall grant stakeholders within three days so they make good those or complete these. If you do not, the required article 48 ter-declared admissible and the respective resolution requirement will be knowledge of the parties and the constitutional bodies concerned so that, within a period of ten days, present the background and the comments that they deem relevant.
Article 48 c.-the Court must sentence in the term of fifteen days, counted from the end of processing, can be extended up to other fifteen, in certain cases and founded resolution.
The judgment of the Court that, to accept the claim, promulgate the law or rectify the incorrect issuance, shall be sent to the General Comptroller of the Republic for the sole purpose of your registration and will be published in the manner and period indicated in article 31 bis.
This new publication, if any, shall not affect the validity of the part not rectified by the judgment of the Court. "."

(61) incorporated, then in the section 48 c, the following new heading: "Paragraph 9 disputes of constitutional decrees or resolutions represented by the Comptroller General of the Republic".

((62) Introducense the following modifications in article 49: to) replaced first paragraph with the following: "article 49.-in the case of the number 9 of article 93 of the Constitution of the Republic, the legitimate organ is the President of the Republic and the constitutional body concerned, the Comptroller General of the Republic."
The application of questions of constitutionality about represented of unconstitutional decrees or resolutions shall be governed, in the relevant, the provisions of paragraph 4 and paragraphs following rules.
To be accepted to processing, the requirement shall comply with the requirements referred to in subparagraph first of article 39 and it must accompany the decree or judgment represented unconstitutionality and the trade evidencing the representation of the General Comptroller of the Republic. "."
(b) replace, in the second paragraph, that happens to be the fourth paragraph, the number "88" by "99".

(63) incorporated, then in article 49, the following new heading: "Paragraph 10 issues of constitutionality Supreme decrees".

(64) be replaced with article 50, the following new articles: "article 50.-in the case of the number 16 ° of article 93 of the Constitution of the Republic, the question may based on any defect which put in contradiction with the Constitution Decree."
They are organs legitimized the Senate and the Chamber of Deputies and, where the issue is based on a different Vice that exceed the scope of the independent regulatory authority, also are a quarter of the members in the exercise of any of the cameras. Constitutional bodies concerned are the President of the Republic and the General Comptroller of the Republic.
In any case, the question should be encouraged within the thirty days following the publication or notification of the contested Decree.
The conduct of these matters shall be governed, in the relevant, the provisions of paragraph 4 and the following article standards.
Article 50 bis.-to be admitted to processing, the requirement shall comply with the requirements referred to in subparagraph first of article 39 and it must accompany the publication of the contested Decree.
Shall declare the inadmissibility of the question, in the following cases: 1 ° when the request is not made by a legitimate authority;
2 ° when promote unseasonably;
3° when it merges into vices of illegality, and 4 ° when alleged excess of autonomous regulatory powers and not it is promoted by one of the cameras.
The Court must resolve within thirty days since the processing is finished. You can extend this period up to fifteen days, by resolution founded, if there are serious and qualified reasons.
Ruling welcome the requirement shall be published in the manner and period indicated in article 31 bis. However, with the only merit of the sentence that welcome the requirement, the Decree shall be without effect of full-fledged. "."

(65) merge, then Article 50 bis, the following new heading and the articles that follow: "paragraph 11 strife of competition between political or administrative authorities and courts of law article 50 a. in the case of the number 12 ° of article 93 of the Constitution of the Republic, are organs legitimized the political or administrative authorities and the courts involved in the contest of competition."
Organ or authority that is attributed competence or lack of it, on a specific subject, must present your request in writing to the Court. It should indicate precisely produced contest, facts and principles of law which will serve as support.
Article 50 B-once declared admissible, will transfer to or other organs in conflict so that, within ten days, they do reach the Court observations and background that they deem relevant.
Article 50 C. the Tribunal may, pursuant to article 30 bis, dispose suspension of the proceedings that affects its decision when the continuation of the same may cause irreparable damage or make impossible the fulfilment of which is resolved, in case of hosting the contest.
Article 50 D-the Tribunal, evacuated the procedures or proceedings, or after the deadline to do so, proceed as that established in article 43.
Article 50 e. -the judgement shall be given within the period of twenty days, counted from the end of the processing. "."

(66) replace, in paragraph 3 of title II, the figure "3" by "12".

(67) replacements, in subparagraph first of article 51, the figures "10°", "11 °" and "82" by "13°", "14th" and "93", respectively.
((68) Introducense the following modifications in article 52: to) in the first subparagraph, suprimense the words "The Senate, the Chamber of Deputies", as well as the comma written before them.
(b) replace, in the second paragraph, the word "13th" by "fifteenth" and the number "82" with "93".

(69) replaced article 54 with the following: "article 54.-If the request is not made by a person or body entitled or does not comply with the requirements established in the numbers 1 to 4 degrees, inclusive of the preceding article, will be not admitted to processing and shall be deemed not presented, for all legal purposes. This resolution shall be founded and it shall be given within the period of three days, counted since becomes aware of the requirement.
However, for defects in form or omission of background that should accompany it, the Court, in the same resolution, referred to in the preceding paragraph, shall grant stakeholders within three days so they make good those or complete these. If so they do not, the requirement shall be not presented, for all legal purposes. "."

((70) Introducense the following amendments in article 62: a) replacements, in the first subparagraph, the figures "10°", "11 °" and "82" by "13 °", "14 °" and "93", respectively.
(b) replace, in the final paragraph, the phrase "established in title I of book third of the code of Civil procedure" by prayer "Executive established in the code of Civil procedure" and replaced the sentence "the ordinary court of Justice concerned" by the phrase "the judge lyrics Civil that corresponds, with seat in the province of Santiago".

(71) replaced the name of paragraph 4 of title II, with the following: "13-paragraph Declaration of unconstitutionality of organizations, movements or political parties".

(72) Reemplazanse, in article 63, the figures "7th" and "82", "10th" and "93", respectively.

(73) replace, in the first paragraph of article 65, the expression "The Court will examine" by "the room that will examine".

(74) Incorporanse, then in article 72, the following items new, preceded by a paragraph 14, new, with the heading 'Waiver of parliamentarians': "item 72-in the case of the number 15 ° of article 93 of the Constitution of the Republic, the resignation of the parliamentary shall provide to the President of the Chamber to which it belongs, who may refer to the Court within the period of five days since it was presented to him."
Article 72 B.-the President of the Republic, the Senate, the Chamber of deputies or ten or more parliamentarians in the exercise of the Chamber to which belongs the have resigned, may oppose founded the resignation. In this case, will be transfer to the Chamber to which belong the parliamentary waived and himself, within the period of ten days to do get observations and background that they deem necessary.
Article 72 C.-the Court will solve if it is necessary to receive test. Where it deems it necessary, shall apply the provisions of article 57. The Court will appreciate the test in awareness.
Article 72 D-once evacuated procedures or previous proceedings, shall apply the provisions of article 43.
Article 72 e. -the deadline for sentencing will be twenty days, counted from the end of the processing of the cause, term which may be extended up to another 20 days, by founded ruling of the Court.
Article 72 F-pending sentence, the waiver will not produce any effect. "."

(75) replaced, in paragraph 5 of part II, the figure "5" for "15".

(76) replacements, in the first paragraph of article 73, the digits "9" and "82" "11 °" and "93", respectively.

(77) replaced article 74, by the following: ' article 74.-plant of the personnel of the Court will be made up of the following charges: ten Ministers. "
Two deputies of Minister.
A lawyer Secretary.
Two lawyers rapporteurs.
Eight assistants lawyers.
A head of budgets.
A public relations manager.
A librarian.
A documentary filmmaker.
A Chief of Cabinet of the Presidency.
A Secretary of the Presidency.
Two first officers.
Two second officers.
A Butler.
Two officers of room.
Two auxiliary services.
Seven secretaries.
A chauffeur.
The provision of the new positions created in the plant mentioned in the previous paragraph will be, prior agreement of the plenary, when the needs of the Court justify it.
The Court may agree contracts, on the basis of fees, or subject to the rules of the labour code, of professionals, technicians or experts on specific subjects, to perform specific tasks in their activities, within its budgetary availabilities. "."

(78) replaced article 75, by the following: ' article 75.-without prejudice to the provisions of the preceding article, the Court may extend the floor of its staff, by agreement of the majority of its members and only to the extent that is strictly necessary for their normal functioning, as follows:-up to two rapporteurs lawyers; "
-Even in two lawyers assistants;
-Up to five official second;
-Up to an officer's room;
-Up to five minor services assistants;
-Even in four secretariats. "."

(79) replaced article 77, by the following: ' article 77.-the monthly income of the Ministers of the Court shall be responsible for the compensation of a Minister of State, including all allocations to these correspond. "
The remuneration of the Ministers of the Court will have the character of income for all legal effect, in the same terms and modalities that are what the remuneration of Ministers of State, and will be affects incompatibilities and prohibitions and disabilities identified in article 1 of law No. 19.863. "."

(80) replaced article 83, by the following: ' article 83.-in the month of March in each year the President of the Court will yield a public account, which will include a review of its institutional order judicial and administrative activities in the previous year, the financial management account, reports from audit and all other background and information deemed necessary. ".

(81) add the following article 83 A: "article 83 a.-in the second fortnight of the month of January of each year, the President and Secretary attorney will present the accountability of expenditure of the previous year before the Court, which shall be communicated to the Comptroller General of the Republic for the sole purpose of inclusion in the Balance sheet of the nation and will be included in a nutshell in the public statements of the Court."
Without limiting the foregoing, the Court, at the proposal of the President, may contract audits of its financial and heritage management by external entities, by public or private tender. "."

(82) replaced article 84, by the following: "article 84.-officials who commit fouls to his duties or prohibitions may be sanctioned disciplinary court with any of the following measures, without prejudice to the civil or criminal liability that may arise from the same incident: reprimand, censure in writing, fine of up to one month of pay, suspension of up to two months without remuneration and removal."
Specified disciplinary sanctions shall apply upon simple summary research that must receive the disclaimers that the affected person may assert in his defense and once resolved, shall not be subject to claim or recourse. "."

(83) add, at the end of article 86, after the term "Secretary", the phrase "or of the rapporteur who is subrogated, in your case".

(84) Insert, in article 87, then the word "appointment", the sentence "without prejudice as provided in article 9", preceded by a comma.

(85) replaced article 90 with the following: "article 90.-the Court, by agreement of the majority of its members, and when your operation needs so advise it may proceed to the Declaration of vacancy of charges that it deems appropriate." Same statement will proceed with respect to staff members who have earned a poor performance rating. That power be exercised concerning staff, excluding Ministers.
Officials who declared the vacancy of office shall be entitled to compensation equivalent to the total of the remuneration earned in the last month, for each year of service in the institution, with a maximum of nine. Such compensation shall not be taxable or shall constitute income for any legal effect.
Remuneration which will form the basis for the calculation of the compensation will be the average of the monthly taxable remuneration of the last 12 months prior to the ceasefire, updated according to the index of prices to the consumer by the National Institute of statistics, or determined by the system of adjustability that replace him, up to a maximum of 90 units of building.
The compensation shall be incompatible with any other benefit of comparable nature arising in a similar causal grant.
Officials to cease their posts and that they receive compensation may not be appointed or recruited, even on the basis of fees, in the Constitutional Court, during the 5 years following the term of his employment relationship, unless previously returned all of the perceived benefit, expressed in u.f., most current readjustable operations interest. "."

(86) repeal articles 1 °, 2 °, 3 ° and 4 ° transient.

(87) Introducense the following transitional articles: "article 1 transitional-initiated processes, ex officio or upon request of a party, or which are initiated in the Court Supreme, to declare the inapplicability of a legal precept to be contrary to the Constitution, prior to the implementation of reforms to Chapter VIII of the Constitution, will continue to be knowledge or that court until its full term."
Inapplicability resources determined by the Supreme Court or that they have been taken by desistidos or abandoned prior to 26 February 2006, not may be presented before the Constitutional Court in exercising the powers granted article 93, no. 6 °, of the political Constitution.

Article 2 Transitional °.-the entry into force of this law shall be without prejudice to the validity of the proceedings brought before the Court as of February 26, 2006, nor alter the effects of decisions that made them term.
With respect to processes that are pending before the Court at the date of entry into force of this law, shall apply the provisions of article 24 of the law on the retroactive effect of the law. ".".